Quitting vs Fired

[Lisa loves Pooh]

Actually, no. NC is a right-to-work state, and I am a state employee. We are required, by state law, to give 30 days notice if we intend to leave our position. The system can release us before the 30 days is up, but there's no guarantee that it will be waived.

What is the penalty for failure to providing 30 days notice?


I have left a job without notice in Florida (right to work). Nothing occurred. I had no contract. The "2 week notice" is more of a courtesy thing to leave on favorable terms. My "boss' hated me anyway and I was done with that company. Due to my status--I felt that any notice would have me released on the spot, so I got my ducks in a row and then walked when conditions were favorable for me to do so.

Your 30 days sounds like something you signed up for versus a courtesy requirement.

 

[CaliforniaDreamin]

Generally, if you are unable to work due to medical reasons, you cannot collect unemployment. Unemployment is for people who are looking for work, but cannot find it.

Good point, duh!

 

[CaliforniaDreamin]

That isn't entirely true. You are not required to give a notice. In a right to work state, you can quit at any time for any reason. A notice (regardless of length) is a courtesy to the employeer, not a law. Now, a employeer can set a policy that says you will only be paid out vacation time/PTO/unused sick leave/etc if you provide x number of days notice. Unless of course the state you live in has a law that says they have to pay it regardless.

IMO, if you are ever in a position that you want to leave a job without giving notice, you probably do not want to work at that company again any way.

I should have been clearer. My boss expects me to but only as a courtesy. This issue has gotten rather complicated very quickly! I am now on leave and trying to get STD. If I am approved, I will stay on leave until my STD ends and then I will turn in a notice. But I don't actually expect to work. I'm just going to type up an official letter of resignation.

 

[barkley]

What is the penalty for failure to providing 30 days notice?


I have left a job without notice in Florida (right to work). Nothing occurred. I had no contract. The "2 week notice" is more of a courtesy thing to leave on favorable terms. My "boss' hated me anyway and I was done with that company. Due to my status--I felt that any notice would have me released on the spot, so I got my ducks in a row and then walked when conditions were favorable for me to do so.

Your 30 days sounds like something you signed up for versus a courtesy requirement.

it probably is something contractual, and the penalties could be substantial.

with the gov. agencies dh and i retired from, if you did'nt follow the right procedure for resignation it would turn into a termination (you had to give so many days notice, failing to finish out the number you were legaly obligated to meant you were treated as any other employee who just did'nt show to work). a termination meant (1) ineligibility for re-hire (not something a future prospective employer wanted to hear from our h/r), (2) loss of retirement benefits, (3) loss of some accruals that were eligible for cash out with an appropriatly carried out resignation or retirement.

 

[bigbabyblues]

My DH quit a job and was able to collect unemployment. He had to file like anyone else, and since he quit, the information was sent to the company he had left to review. He was leaving because he felt things they were doing and wanted him to do were unethical if not illegal, and he had documentation to show it. They approved the unemployment and sent the papers back within hours of receiving them.

I realize that is an unusual situation. FWIW, that was in WV.

 

[GoofyforDisney3]

Actually, no. NC is a right-to-work state, and I am a state employee. We are required, by state law, to give 30 days notice if we intend to leave our position. The system can release us before the 30 days is up, but there's no guarantee that it will be waived.

It is possible there are different rules / laws for government employees. Same as there are differences in how you can be fired compared to how a civilian company can handle things. But a true right to work situation for a civilian company a notice is simply a courtesy.

 

[GoofyforDisney3]

I should have been clearer. My boss expects me to but only as a courtesy. This issue has gotten rather complicated very quickly! I am now on leave and trying to get STD. If I am approved, I will stay on leave until my STD ends and then I will turn in a notice. But I don't actually expect to work. I'm just going to type up an official
letter of resignation.

Please research your companies policy before doing this. Some companies say you have to return to work for a minimum amount of time before leaving or you have to pay back benefits paid out during your leave.

 

[CaliforniaDreamin]

Please research your companies policy before doing this. Some companies say you have to return to work for a minimum amount of time before leaving or you have to pay back benefits paid out during your leave.

Actually, I got all the info I need already. Since I work in HR, they make sure that i am told correctly and I'm already somewhat familiar with the rules. I would actually know more about it, but we have our STD and LTD outsourced to Liberty Mutual. So I don't know as much as I would have if I had been there when it was handled exclusively by our company. I am seeing my family dr on Monday to discuss applying for disability. He has been my dr since I was 8 and he knows my history. After I speak with him, I will call my boss and let her know if I have decided to resign. She will then post my job and fill it while I am on leave. Since I have already exhausted my FMLA for this 12 month period, I have zero job protection. I'm just going to be placed on a paid leave, but I will technically still be employed by them. It's so crazy. But I do trust my boss with this information. Once I am out of STD, (provided I am approved) my boss will code my termination (don't let the word termination make you think I will be fired. We use that term for all departing employees. Retirees, Attending School, Voluntary-Personal) as Voluntary-Health. Then I will receive accrued vacation and holiday payout as well as my 401k. So basically, no one expects me to return to work. Now I'm a little confused on when I should provide them with an official resignation. If I am approved for STD, I will be paid for 12 weeks. When this time is up, I'm gone. So do I give the notice at 10 weeks in or on Monday of this week? Hmmm. I'll have to clarify some things after all! Thanks...I never would have thought this out and realized I was missing something if you hadn't posted.

 

[disneychrista]

I am an HR Mgr. No state has a law which restricts what you can disclose.

You can disclose anything that you know to be a fact.

 

[Inigo]

Ah, yes....the joys of living and working in an "at will" state. They can fire you at any time for no reason. .

In an "At Will" state, as long as you aren't part of a union or have a contract, you can be fired for any reason as long as it is not contrary to law in regards to discrimination (race, gender, etc). If you were green socks, and your boss doesn't like green socks, you can be fired.

And 49 of the 50 states are "at will" states, and Montana is almost an "at will" state, so it might as well be every state.